HomeMy WebLinkAboutWZ-16-06♦�AII(
City Of
Wheat p,j,dge
COMMUNITY DEVELOPMENT
Memorandum
TO: Mayor and City Council
THROUGH: Patrick Goff, City Manager
FROM: Kenneth Johnstone, Community Development Director
Zack Wallace, Planning Technician
DATE: August 17, 2016
SUBJECT: Verifiable Zoning Error (Section 26-119)
ISSUE•
A recent pre -application meeting with the owners of two properties at the southeast corner of 44th
Avenue and Jellison Street resulted in the need for Staff to verify the zoning classifications being
displayed on the City's official zoning map. Verifiable errors were found and, pursuant to Municipal
Code Section 26-119.E.3.d, may be corrected based upon the record of the last rezoning action. This
process requires notifying the owners of the properties in question of the proposed correction by
certified mail, and notifying City Council by memorandum. The property owner has the right to protest
the correction within 30 days of receipt of certified letter.
The properties in question are adjacent to each other and both front 44th Avenue, extending south
approximately 400 feet. The property addressed as 9890 W. 44`x' Avenue is the westernmost of the two
lots, and also fronts Jellison Street. The zoning map shows this property as being zoned Commercial -
One (C-1) and Agricultural -One (A-1). The A-1 zoning is present on the southeast corner of the
property. The property addressed as 9840 W. 44th Avenue is the easternmost of the two lots, and only
fronts 44th Avenue. The current zoning map shows this property as being zoned entirely Commercial -
One (C-1). The zoning map (with errors) is attached as Attachment 1. The updated zoning map, based on
the analysis below, is attached as Attachment 2.
PRIOR ACTIONS:
9890 W. 44" Avenue
• 1957: The northern 200 feet of the property was rezoned from Agricultural -One (A-1) to
Commercial -One (C-1) per Jefferson County Case No. 13294. See Attachment 3.
• 1972: Ordinance 98 was adopted establishing comprehensive zoning regulations for the City of
Wheat Ridge. An Official Zoning Map was also adopted. Ordinance 98 also repealed Ordinance
11 (adopted 1969) which adopted zoning and zoning maps from Jefferson County. The property
was zoned entirely C-1 on this map.
9840 W. 44`h Avenue
• 1955: The northern 200 feet of the property was rezoned from Agricultural -One (A-]) to
Commercial -One (C-1) per Jefferson County Case No. 161. See Attachment 4.
• 1989: Case No. WZ-89-09 was filed by the property owners requesting approval of a zone
change for the southern 196 feet of the property from Agricultural -One (A-1) to Restricted
Commercial -One (RC -1). The request was approved by City Council and adopted via Ordinance
No. 820, Series of 1990. See Attachment 5.
• 2001: ZOA-00-11 was adopted on February 26, 2001. This zoning ordinance changed the name
of the Restricted Commercial -One (RC -1) zone district to Neighborhood Commercial (NC).
FINANCIAL IMPACT:
No direct impact.
BACKGROUND:
9890 W. 44h Avenue
In 1972, an Official Zoning Map was adopted by the City of Wheat Ridge from Jefferson County. This
map indicates on the 9890 W. 44`h Avenue property, the C-1 zoned area is approximately 400 ft. x 150
ft. (as measured by hand from an original hard copy map). Leaving room for slight error, these
dimensions generally coincide with the legal description of the property which states the property
measures 396 ft. x 120 ft. On the 1978 map, the C -I zoned area is measures approximately 400 ft. x 65
ft. (as measured by hand from an original hard copy map), with the remaining area being zoned A-1, in
conflict with the 1972 map. No zoning cases were found for the property between 1972 and 1978,
suggesting that the protrusion of A-1 on the 9890 W. 44`h Avenue property on the 1978 map resulted
from a clerical error. This verifiable error has been corrected by reverting the property's zoning
designation to that represented on the adopted 1972 zoning map, which was the last action taken on the
property.
9840 W. 44th Avenue
This southern portion of this property was rezoned in 1990. It has been represented incorrectly on the
zoning maps as being zoned entirely C-1, while the 1990 rezoning approved the southern 196 feet of the
property to be rezoned from A-1 to R -C1 (now NC). The verifiable error has been corrected by correctly
displaying the rezoning that was approved in 1990.
RECOMMENDATIONS:
Staff has followed the protocol outlined in Section 26-119.E.3.d. The property owners were notified by
certified letter on July 1, 2016 of the zoning discrepancy. During a July 14, 2016 meeting with the
property owners they stated they had no objection to the zoning correction. City Council is now being
notified of this action pursuant to the aforementioned Code section. There is no recommendation for
Council, nor is there action required.
ATTACHMENTS:
• Attachment 1: Former zoning map (with errors)
• Attachment 2: Updated zoning map (correcting for verifiable errors)
• Attachment 3: Jefferson County Case No. B294
• Attachment 4: Jefferson County Case No. 161
• Attachment 5: Ordinance No. 820, Series of 1990
E
Attachment 1: Former zoning map (with errors)
Attachment 2: Updated zoning map
Attachment 3: Jefferson County Case No. B294
.journ:11 02 the l.raill nl{slioners of
Jcficrson C,,ui': (a,lnrallu,.
IJ•r�::b,•, , , lilt
%•^�..: ,A.. ... CP .. :dv. D;Lt. Z, Cal OradO Avenue from W. N•:xico S'. a its oLDnce Of 1:7V)
19. 57 /✓
U;.oa ax,t!on of Gia:;:::.:�_cr:r p-Lcr..•, Lecond by Coclanloncr Knch, Cum.::suioncr Schccch Lc!.,,; ab:ant, t1,c follovin;:
rc Loiutlon vas !w:u, t•1 D;, a ra;orl ti vote:
,_,� "' the =Dent? of JcII••rnon, :a,at.: o.^ Colorado, re lu!reo all ctroct a -.d terms to be snLlafaetorlly cw,,letel
c the aa:.c will Le aeecpted for Taal ntehanee by the County of Jcfferoon, and
:•7&-'i::1S the streletn nod rwln ao described below hive been eoLicfaCtor::y cc=pletr"d and t.:: Ce:aty dead sv?ervl:.or
h. -as inspected the mane and recezr_•r_nded the said Streets and roads to the CO=16*10. r: of JulDuraon County for ac -
cd for rnirtcnance. purponea,
::oa, TH`RZFC'l`, t+S iT R_GLY;D by the noard of Jcffercon Cota,ty Corr..i sniorcrn Lott LYr: rOiio'da�, ntrncts and ro>s
arc hereby aece;ted for County maIntenahce and arc hereby declared to ix: County rods aad a part of the Cuanty eta.:
system:
Said roada ar,d/or strecta are:
Coio::✓io Avenue from W. !L•xlco eouthveeteriy a diatnnce of 120J feet.
ACCL"^ld:C 07' R`ACC. iL•hdov a
1 rk Bills
WlvtiFw4 tnc Cotnty of Jrtrc rso::, state of Colorado, rtqulres all streets and roads to be su t: ufac torl'.y empict.d
before tnc max will be oceepted for tmtnirrlancc by t% County of Jefferson,, and
414•$18 Lhc str•^tn and rO,dn or, described below ivlve been antlafa, tortly cor.,arLod and •-L- COunty Ruw ;;uir�rvl ;,,r
htr lnepceted :!n rare Imd neo:.,;,; uucd the said Streets and roads to the COO -. 14L!on,ra o:J-f!'creon County Cor ac.
ceptonce for rxintc+vnce pur:oSca,
^0". 7?-'ML7, RP. IT Rro_-.Y„D by the Board of Jefferson C0a7gty COclaSioners that the :oao::ir.; streets and roads
are h•_recy accented for County mintenance and are hereby declared to be County roads and a ;art of the County road
systeo:
Said roods meal/or streets a-
!.•=:r+iaci Dflvc between 6th Avenue and Carr Street, 'rvcreit Street
:;Derr Streci, Co,•jy Dei vc, ani aweenut. , SStrs :rest, D,Ld1cy Street,
}sec bet. ith bionic and Carritor,c 4th Avenue, 4thhnilaecd ,cadoZrk Dr ve, Dover Circle,
i*-'Lz-•mark derive and Garrlea•1 Street. 5th Avenge and 5th ?lace between
r
- ��_ :1 :3 - G `/
111 in Yca.:oviark Hills.
r•
!�'J R.CLL.S:?TCAT10:2
`•'� 'rYa-Icls JZMrl, Atty at taw
siren Of rc=!ssioncr Osborne, Second by Cov.-_Iaaioner Koch, F;r, bei -,
.. _:iopted: „c bocci: abSaa
+"•c Men (",,,e•
1• , 1,,.
�, ,fr Cc,n; rr
,; Lite Io liow; ng rcaolu.:c::
.,. a Nt:..:
the :int of :Iaeic l:ountair. has been received aid approved
n,..: s,.x
r ,,
and accepted for ,-ucorr,:.-� on D CeMLer 9, 19>7,
w _ ,r •i,!er�(.I
--•'w•+� i% _ n._ OLL'.D til:•'. the Je l f era0.n Count -
Di eiric t, ani erel::dc Inca the A- Y Zgniag }ap r. w�Se r•rd :7 b_ n, ;cic.i to irrit:3c
1
''• 11. „ '' u -"'IN t.0 f.,dy
.•^. .
ritY,in t!;,.
and District,and barely is lJ=PROV,.'D: A_p the Ioiloring described urlircor;•orutcd :rca
be
or Jeflcr son
l : ,
Sr,, s:rt-r SC:. ti" St�l ,;, 5�:;; Sb, Of Section 10, -'XC:.''!' Lhcre7ca Hilt -
• :and vhicll lies rs;t oI Co.orado )iw - .. .steel of above
Y•93 Int.-
+• .... e
Lra• S: .... sec. 1J• rad b::^,e "t d.
15, T'S, H .. ..2
7 ^', Dth P...., Lhc r;W ' Sec. 15, 1t,S,
1
.. R7J'6; time ar ti: -+
. ..• %eccpt f -Or, the above descril+cd parcel_ a S:� Sec 1,j, i`aS,
r -o
•< r.en,
LY ... -rly -v lines of U. S. ::: 4 strip or iandI•:et :id abutting
J 0 and Colorado S. H. 93, and measured Iron
r -o-'= ::+:c:; tl.
n
of S. Hw 4 said Westerly
0 and Colorado S. R, 93,
:+.•: :..r„u rloLn, ;
LOCASTG:::'Approx. at intorscction of Hwy 40 and 93.
"rem.
cComp!e;C SOCC:ion of J
CASE B21?1i
r•r••.n ,
Dorothy A. Dortch, Ya ria dove ti c, Joseph Pearson
+
Ikon motion of Comdrsioncr Orborne, accord by Co»,i ssioner Koch,
rc••., �,, .. +
was ado,-.Lcd by a :n3ori[y vote:
N^. schoech being absent, the following reeoluti
OnM1' +•iL•,•':i:S
IIE .: i,u,01.1?J that the Jefferson County Zoning Finn numbered 5 be a:arded to inciI do
cxeluac frog ti,¢ R-1
oral Sli /ins fiquors
L 1i
vithlr, til¢ n -C 0icirict anL
District the follovine Described unincorporated
APPROVED:
a� '" ••
area of JeTferaon i.0U:1ty be and hereby is
L ,� Sj 11 p
Lot ? Block 3, Mavctic Subd.; of 6Block 3, Fhvetle Subd.
,
r
7007 West Col/ax
LOCMUON: 14-25 Holland,
J,u:••s C. Cluck
Vpon motion of Co-❑lanloner Osborne, second by COuen13C{MiCr Koch, lr. C-'� / `• ��'• '
y:a odo;+lod D a rn; r• Srhocch being Done• 1•''
Y .Deity weir: g Lt, Lire fo2lo+.ire rccoiutla
Rt: iT P?:Olt':J :rnt the Jclforson County Zonin,; lktp nunlx•ned 4 b^ a-1•-n1eJ tofnrllnlc vl t!afn ilk C-1 Dl strict, the -
followinf des :,il•c,l tint nco:•poritt-A Arca or Jerreraon County be O:W hcr'nl,y Ss APD'RO1riD: ries'
::orth :00 feet Or: UCCInairr; at a po:nt en 'oath line or ,lcfrcrs
7.., •�h Gol,i"n R•:: el. kir' R 1'hn .': line or S -'+ orf avenue, Ol'' known na OW
"L!a•n:e i'a,•:i: thcacc 1 1'r_ 1,.. ••; Nh:a:.• ,.n;: Lh.vc•• }, a,•3; tlw•n••c "(•"
3 /I n1l 111,•4 aiOn,`^r;lt•1'UDII lv,•nnc Co- point Or b,ghming.
q'i110 W. With Ave. Wk-atrl't{;c, i%
'arm l3 Krr, Cty1`C. M CX17 i
"Po
Ali-
mull,'-, o' . "; unrr O.d •urRlo, ccrvn•I by Grr a.t anlom•r KucL, I -r•. Jrhorrh Mrlut; nbncnl, tl:a• fu11Ov1 o,; nsolullun'
war nd Lle•1 a.• ., i11 L,wr.:
Attachment 4: Jefferson County Case No. 161
Jolll'11:ji of the C"o1111111SmOnef'S o
Jefferson Coil litjy, CO1O.s
w><r....our _
rltuTrc L1GIn• - 3::r:alGl:c-rloN nnarlJ+ s^ir'F"' AaD ob.A71� [? f R •_ _ --�------_
Won notion by Coemlaalonor Tnio, second by Coemiaslacor Loch. a,,d by unanimoua nate the following resolution mos sdoytcdi
BE IT RaMVED trot tl.e Cowity Centro:ler be wad he is ',creby author3tad to install a traffic 11�nL at the Sstar$c:Wcn
of Nurlan Street and Ala�edn Avenue.
RIGlff-07-WAY - Y.IG!r:y.Y 93 - 2'>1GyJ! :i, MM C.:?RGE W.
Upon motion by Commissioner Koch, second by 0-Missiorrer 'ave, and by "Mimoue vote tlz follovlrg reaa:ution was adopted:
WIMIFJS the E,,ard of Comity COMissloners wish to obtain the right -of -tray for cer.ai Sa Sccaon 27,
Township 2 South, Ranps 70 West; ant structton of a new to
Wlfa'*L= the otriers of t!so gmund; Sa$nn thea:. L:cdnny mal go W. Lindsay rave ctfercd to deed tlr Gcsited r!5�a-of-:r;
Lo oed County for tine rtaount of vl,\0.00, provided Lim County constructs ctrtato fentureo L: .1414 road, which lma beer.
neiocd to by il+e cony;
NOW, 1., 1111-11 .:, h6 1'I' Itt;W11.V1C01t1etr„'D •nr.t ,.f 1'.an.ly f...,,l nn tunurn of Jeffn r:., •r. C,nur/l•,
47.11k--10, U+eL th. fo: :ori n,l !tr„s
Will In+ Ls•'lulr•1 In ,mt.l i�w..l r N.vrl
1. A•P1. f.yd r9il vr•rl_ vtll 1'. hurtnl l�q n Ir. l. -q r'rr.•t.
:. A .....n r -.t oi,l roes rl1, A.• Inetnll,•.• 1,+ 1;.. d'+.w G, +.t c,vyet .•l' ,r.• v.:l h••or.n
- In Lhn ::K. ::u1 of
3. A grow:rd the '111 be Lintalled to ec!lr.;:. c'arsvo drainnex under Lae' 4unstnmtic1, In the draw N,•rt:i u.^
Leyd«n (toad.
4. A culvert will be Installed in tta dray No.th of the Leyden Rood of a
rotor. site 1tyEu enough to ranlle vn-eft
5• :tat part of the old road re urned to owners .&hall be ripped, cove:el v tb tcp soil end Seeded.
6. Kneghn the new linght_of-f.ay will necessitate the change in fencing, a new fence rill to eorstrLeted or. the
rl t -of -
7• All existing approaches $Sall be eoirccted to the new road.
i '
REPAIR 52nd A1zZW - FRUI1 I,— St NjTATION Dis'MICT
Upon motion by Comissloner Koch, second by CO=1sa:O1)cr True, and by una•13txus vote the folDwiag reso:ut,. vsa ado 'ed:
BE Ir up, reps that the County docs hereby recent $3hS.0D fTot: the PSV1tdale San'tatlon Distract as tut/ settlement for �
.,. ri•'uSsn tw+ repairing and tack coating 52nd Avenue bet,rcen 'labor and Ward Road,
L-1 Nr..r.a:: D�ru, alon ,I
V.:.'I M". 'No - Rs'ZD!IING AND R CL0 ;ST-'rICA -1
• al,..nd al,,. a,l s TIOY 'I
mon A::m Siem S:. I , V
Hti,. a 4;'11 tootion by Commissioner Tru, second by CO=istioner Kocb, and by unanStous vote the fal:ovin
au.-, g resoiutSon was adnptcd:
a:,. tt.n,n. Irvin a.L X'.15 the Jefferson Cou.t Plav,in5 Cocdaeion ham proposed the follovin- ax
pwPi• 4.P N aft I Covet J
. "Ir. J.hn a... ,mei y, adopted May 6, 1946, as $_ended; end o nd ants to the Zoning Resolution for ,:ef er.
,teener al`pr n.;«rx.+,y ei 1
At 1caaL 30 days notice of tea time and place of pcblle :searing upon ccld proposeda:,erdmento has bees �.vfby at n
t one publication in a newspaper of Cenralcirculation in circulatiin Jctecrsor, Co_nty; add
• ! said hearing was held on this data; L'O.-uoe No. 161 t✓
IE
�1 1 Ti1FRa-PORE, BE IT RESOLVED that Jefferson County 7�- Ang MR No. 4 be merded to include wit
bLn rict and exclude from the A 1, Agricultural one DisLrict the fol:c:Yng d scribed ualncor o atedtarea of Jefferson
ersoe Che
;- ty:
The North 200 feet of the following described property: Beginning at a point 26 rod, and :1 feet test
where the Fast line of the Southwest Qw:rter of t` - -
o the Qm-Ler (S:i� 3: �`,• P •.
Reduced Prices 6o west f the 4th a M., , thence the South -Sne of Count it-- -R .t' 2-'
ere Souin;_i.•seX:b 124 foci Weet; thence i set North to said Cogent• (••or,:: ,>n"sen a - ; trene: .•
• -%- aitJi Fence 124 feet to the point of beginning. y d:IJvay; thence Last atone said a: p.::8y
• Orn uvstal Gu4ts
Fence Case !.0160
• Al o Airtal T-Po.I.4T TUR -UM RESOLtED that Jefferson County Zoning Yap No. 4 be ascended to inriude within the R C; RcsSLen-lal Cot�ereSal
.:Yet and exclude f -OW the R 3, Residential Trsee DI -strict the follovlag described unincenora;.ed arta of Jefferson
WEST COLFfty:
FEED & SU P P Block 1, Thomas Subdivision.
Celfaa
BE 3.0515 1 Motion by Cotaiasloner Koch, and aecond by Corselrsic:er Schneider the fol -owing resolution was adopted:
C: RESOLVED that Jefferson County Calc "o. -,,j,Zoning i"z :'0' :j Le a -ended to Seclude w -;:an the C 2. Casxrclal ^r. �-IstrSet and
- n C7 G 10 13 (qude from the A 1, Agricultural one District the fallowing described unlncor crated area of Jc/feraoa Cour.-.Y: .
BeginLng at a point 30 feet Fast or the west lane of the Northtest c!,.a; tr,_ of LCt
(t�1� Section w, Township 4 ii,ith, Ran e Qq West send ?? Srntthreat arter jti�} 5'.1t) l
-
All 6aeild the Southwest .darter (1;+; 5A• b fees South of the North liar Of said Nc•rtrrest R,nrer of f
the Southvoot ,1 ruraing tnence Soutn parallel to tcc Weat 11 ne of acid Nort.`.weat t:usrter of 1
Cluarter (n -i �•;) said :ane Lec-1nE So::th 0' iii Wcs- s dSa:Once of ;2J feet to a rolnt; thence 1111
!iS_ 1 South 67* 14' est a diotonce of 233 feet to a point on the lght-of-war :,no of D. b N. Anil oad; thence
J
northwesterly along mid rleiit-of-mv :ins being an are of a radius of 1p55,i7 feet a dleLette• of ad;t feet
to point of beglnning, containing 0.8 scree M/L.
1 The vote on the foregoing oma as follows:
1
Commissioner Koch - bro
Commissioner Schneider
Cozlastorer True - Not voting
Attachment 5: Ordinance No. 820, Series of 1990
RECEPTION NO. F070OJ36 11.00 PG: 0001-002
236 RECORDED IN JEFFERSON COUNTY, COLORADO 9/23/1998 8:57:54
/ O INTRODUCED BY COUNCIL MEMBER EAFANTT
�ORDINANCE NO. 820
Series of 10 -96 --
TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING
FROM AGRICULTURAL -ONE TO RESTRICTED COMMERCIAL -ONE ON LAND
LOCATED AT 9830 WEST 44TH AVENUE, CITY OF WHEAT RIDGE,
COUNTY OF JEFFERSON, STATE OF COLORADO.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT;
1e=0J3_U Upon application by James and Marta Haas for approval of
rezoning in Wheat Ridge, Colorado, Case No. WZ-89-9 and based upon a
recommendation for approval, with conditions, from the Wheat Ridge
Planning Commission, and pursuant to findings made based on testimony
and evidence presented at a public hearing before the Wheat Ridge City
Council, Wheat Ridge maps are hereby amended to exclude from the
Agricultural -One District and to include in the Restricted Commercial -
One District the following described land:
The south 126 feet of a part of the Southeast one-quarter of the
Southwest one-quarter of the Northwest one-quarter of Section 22,
Township 3 South, Range 69 West of the 6th P.M., described as follows:
Beginning at a point on the South line of the County Road known as
North Golden Road (now known as West 44th Avenue) which is 440 feet
West of the East line of said Southeast one-quarter of the Southwest
one-quarter of the Northwest one-quarter; thence South 396 feet;
thence West 124 feet; thence North 396 feet to the South line of said
County Road; thence East, along said County Road, 124 feet to the
point of beginning, together with one inch of water from Ouelette
Ditch.
Section 2 =dition.
I. A six (6) foot high solid wall or fence, and a row of
evergreen trees shall be placed along the south, east and west
edges of the RC -1 zone to buffer adjacent residential from
commercial activity;
Section 3. Vested Prone�rty Riohts. Approval Of this rezoning does
not create a vested property right. Vested property rights may only
arise and accrue pursuant to the provisions of Section 26(c) of
Appendix A of the Code of Laws of the City of Wheat Ridge.
Section 4. Safety Clause. The City Council hereby finds, determines,
and declares that this ordinance is promulgated under the general
Police power of the City of Wheat Ridge, that it is promulgated for
the health, safety, and welfare of the public, and that this ordinance
is necessary for the preservation of health and safety and for the
ORDINANCE NO. 820 PAGE 2 1
Series of 1990 v
protection of public convenience and welfare. The City Council
further determines that the ordinance bears a rational relation to the
proper legislative object sought to be attained.
Section 5. Severabilitv. If any clause, sentence, paragraph, or part
of this ordinance or the application thereof to any person or
circumstances shall for any reason be adjudged by a court of competent
Jurisdiction invalid, such judgment shall not affect, impair or
invalidate the remainder of this ordinance or its application to other
persons or circumstances.
SeCti n 6. This ordinance shall take effect 15 days after final
publication.
INTRODUCED, READ, AND ADOPTED on first ready by a vote of 8 to 0
on this 8th day of January , 1990, ordered published in full
in a newspaper of general circulation in the City of Wheat Ridge and
Public Hearing and consideration on final passage set for
Feb rust 12 1990, at 7:30 o'clock p.m., in the Council Chambers,
7500 West 2 th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a
vote of 8 to 0 , this 120h day Of February , 1990.
SIGNED by the Mayor on this 13th day of February , 1990.
cy- DAN WILDE, MAYOR
Wanda Sang, Sty ark
A7:��ITY,-
r'M 13Y CITY ATTORNEY
/
TORNEll
1St Publication: January 11, 1990 /
2nd Publication: February 15, 1990
Wheat Ridge Sentinel
Effective Date: March 2, 1990
pc/ord/wz899
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COMMUNITY DEVELOPMENT
City of Wheat Ridge Municipal Building 7500 W. 29" Ave.
June 28, 2016
Sheard Family Trust
9840 W. 44th Avenue
Wheat Ridge, CO 80033
Wheat Ridge. CO 80033-8001 P: 303.235.2846 F: 303.235.2857
RE: 9840 W. 44th Avenue and 9890 W. 44th Avenue Zoning
Dear Property Owner,
It has come to the attention of the Community Development Department that verifiable zoning errors are
present on properties you own located at 9840 W. 44th Avenue and 9890 W. 44th Avenue. Section 26-119 of
the Wheat Ridge Municipal Code allows for the correction of verifiable errors as shown on the current zoning
map. Pursuant to Section 26-119, the process by which this is corrected involves sending a certified letter to
the property owners, and informing City Council by memorandum. See attached copy of this process.
9890 W. 44Lh Avenue:
Following your June 2, 2016 pre -application meeting regarding a potential future development of 9840 and
9890 W. 44th Avenue, Staff conducted research into the zoning of 9890 W. 44th Avenue. This research was
prompted by a small rectangle of Agricultural -One (A-1) zoning in the southeast corner of the property. After
consulting Official Zoning Maps adopted by City Council in 1972 and 1978 Staff concludes that an error was
made in drafting the 1978 zoning map, which overdrew the boundary of the A-1 zone district too far to the
west. It is clear on the 1972 map that the entire 9890 W. 44th Avenue property was zoned C-1 at that time,
and no zoning cases were found for the property between 1972 and 1978 to justify the A -I piece of zoning on
the property. As such, Staff concludes that the 9890 W. 44th Avenue property should be zoned entirely C-1.
9840 W. 44L Avenue:
During our research, it was also uncovered that the zoning on the current Official Zoning Map for 9840 W.
44th Avenue is also incorrect. In 1989, an application was filed by Swiss Enterprises (owned by Jim and
Marta Haas) to rezone the southern 126 feet of the property from Agricultural -One to Restricted Commercial -
One (RC -1), via Case No. WZ-89-09. City Council approved the rezoning, with conditions, on February 12,
1990. The ordinance adopting the zoning (Ordinance No. 820, Series of 1990) became effective March 2,
1990. It appears that the zoning map was incorrectly changed to show the southern 126 feet of the property as
being zoned C- 1, rather than RC -1. In 2001, the RC -1 zone district was renamed Neighborhood Commercial
(NC). As such, Staff concludes that the 9840 W. 44th Avenue property should be zoned NC for the southern
126 feet of the property and C-1 north to 44th Avenue.
Included attachments demonstrate the zoning as it is currently shown for both properties and the zoning as it
should be corrected pursuant to Section 26-119.
Thirty (30) days following the receipt of this notice the errors will be corrected and a legal notice of the
correction will be published.
www.ci.wheatridge.co.us
If you chose, you may protest the error correction. A written protest must be submitted within 30 days of
receiving this notice. Receipt of a written protest to the correction will initiate a rezoning action, following
the provision of Section 26-112 of the Municipal Code (Private rezoning). The rezoning action will require
public hearings before Planning Commission and City Council.
Feel free contact me to discuss these issues. I can be reached at 303-235-2849 or by email
at zwallace(i4ci.wheatridf,,e.co.us.
Sincerely,
Zack Wallace
U.S. Postal Service,.
Planning TechnicianCERTIFIED
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c 8-0 G 33
Sec. 26-119. - Interpretation of zoning district boundaries.
A. Purpose. The purpose of this section is to provide flexibility for the utilization of properties that
contain uncertain or multiple zoning district boundaries. The city recognizes that these properties
may present a challenge for physical improvements. The intent is to accommodate adjustments and
corrections to the official zoning map that are minor in nature and that may result in physical
improvements to property.
B. Zoning district boundaries uncertain. Where uncertainty exists as to the boundaries of zoning
districts as shown on the official zoning map, the following shall apply:
1. Boundaries indicated as approximately following the centerline of streets, highways, or alleys
shall be construed to follow such centerlines.
2. Boundaries indicated as approximately following platted lot lines shall be construed as following
such lot lines.
I Boundaries indicated as approximately following city limits shall be construed as following city
limits.
4. Boundaries indicated as approximately following railroad lines shall be construed to be midway
between the main tracks.
5. Boundaries indicated as approximately following shorelines shall be construed to follow such
shorelines. Boundaries indicated as approximately following the centerlines of streams, rivers,
canals, lakes, or other bodies of water shall be construed to follow such centerlines. In the event
of a natural change in the shoreline or centerline, the district boundary shall be construed as
moving with the actual shoreline or centerline. In the event of a change directly or indirectly the
result of human actions, the district boundary shall not be construed as following the new
shoreline or centerline.
6. Boundaries indicated as parallel to or extensions of features indicated in subsections 1. through
5. shall be so construed. Distances not specifically indicated on the official zoning map shall be
determined by the legal description as contained in a rezoning ordinance or resolution adopted
by the city council, or, if the zoning pre -dates the adoption of Ordinance No. 98, adopted on
May 2, 1972, shall be determined by measurement of the official zoning map currently in effect.
7. Where physical or cultural features existing on the ground are different than those shown on the
official zoning map, or in other circumstances not covered by this section, the community
development director shall interpret the district boundaries in accordance with procedures set
forth in subsection 26-119E.
8. Boundaries indicated as approximately following section lines or division lines of sections (i.e.
quarter -section lines) shall be construed to follow such land lines.
C. Lot line adjustments and right-of-way vacations.
A zoning district boundary shown on the official zoning map as approximately following a
property line shall be construed as following the property line as it actually existed at the time
the zoning district boundary was established. If, subsequent to the establishment of the zoning
district boundary, a property line is moved as a result of a legally performed property line
adjustment pursuant to articles I and IV of this chapter, as applicable (including right-of-way
dedications and vacations), the zoning district boundary line shall be construed as moving
simultaneously with the property line if the community development director determines that
each of the following apply:
a. The property line adjustment is minor in nature;
b. The corresponding adjustment in the zoning is consistent with the goals, objectives and
intent of the comprehensive plan; and
c. The adjustment is consistent with the general zoning pattern in the area.
Page 1
2. If the above requisite conditions are satisfied, the community development director may direct
that the official zoning map be adjusted pursuant to subsection E below. If any of these
conditions are not satisfied the zoning district boundary may only be moved pursuant to the
rezoning process set forth in section 26-112.
D. Lots with two or more zoning districts. Where a zoning district boundary line divides a lot that has
single ownership at the time of the passage of section 26-119 of this Code, zoning and use of the lot
shall be governed by one of the following provisions, as elected by the community development
director. (See Figure 26-119.1.):
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Figure 26119.1: Inbrmtatian tl
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1. The lot shall be considered to be in the zoning district in which the majority of the land area of
the lot falls, provided that the lower intensity zone district is utilized in accordance with Figure
26-119.2 and the zone district to be utilized is consistent with the Comprehensive Plan at the
sole discretion of the community development director or until such time as a rezoning is sought
pursuant to section 26-112 of this Code; or
2. Each portion of that lot so divided may be used in conformity with and subject to the regulations
applicable to the district in which it is located; or
3. The community development director may make an administrative adjustment to the official
zoning map in accordance with the procedures set forth in subsection 26-119E. below.
4. Properties under one ownership that exceed one (1) acre in size may only be used in
accordance with subsection 2 above.
E. Administrative and minor adjustments to the official zoning map. Where the zoning district boundary
cannot be interpreted in accordance with subsections B. through D. above, the community
development director may make an administrative adjustment in accordance with this subsection E.
1. Procedure for administrative adjustments. An application for an adjustment to the official zoning
map may be made to or initiated by the community development director. The community
development director may administratively amend the official zoning map under the following
conditions:
a. The adjustment does not extend the zone district boundary more than 50 feet;
b. The property subject to the adjustment does not exceed one (1) acre in size;
Page 2
c. The adjustment is consistent with and does not violate this Code, the City Charter, the
comprehensive plan, or any other applicable rules and regulations of the city; and
d. The community development director has notified adjacent property owners by letter notice
and posting of the site at least ten (10) days prior to rendering his decision, and that no
objections have been received during such ten day period. Any objections must be
received in writing and be directly related to the proposed boundary adjustment. General
objections regarding existing land use conditions or issues unrelated to the boundary
adjustment will not be considered valid objections for purposes of this provision.
e. If the community development director initiates an administrative adjustment, the
procedures set forth in subsections a.—d. above shall be followed after the following
conditions are satisfied:
The community development director shall notify the current property owner by
certified mail of the adjustment; and
If within thirty (30) days of said notice the owner fails to submit a written protest to the
adjustment, the director is authorized to initiate the adjustment in accordance with
subsections a -d above.
Fees for administrative adjustments shall be equal to those for administrative variances as
set forth in the city's fee schedule.
2. Appeals.
a. Appeals of the community development director's decisions and interpretations under this
section may be taken to city council by the subject property owner or an adjacent property
owner. A written appeal must be received by the community development department
within ten (10) days of issuance of the appealed decision.
b. The city council shall conduct a public hearing on the appeal. Notice of the hearing shall be
given in the manner provided in section 26-109. Council shall hear additional evidence and
testimony presented and affirm, reverse or modify the community development director's
decision or interpretation after considering the applicable criteria and standards.
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Page 3
3. Minor corrections. The community development director may, from time to time, make minor
corrections to the official zoning map as set forth below:
a. Subdivisions. Corrections to name of subdivisions, locations of lot lines and boundary lines,
location and names of streets and alleys and railroads.
b. Base map. Corrections to watercourse locations or names, location or names of lakes,
names or location of street or railroads.
c. Zoning information. Corrections to names of planned developments, case numbers, and
closure of zone districts in accordance with the most recent record of zoning action where
there is no zoning line separation between two (2) different zone districts.
d. Verifiable errors. Where a verifiable error is discovered in the zone classification of any
particular parcel as displayed on the official zoning map, or as represented in a rezoning
ordinance, the community development director shall notify the current property owner by
certified mail of the error and shall inform the owner of the intent to correct the error based
upon the record of the last rezoning action. The director shall also notify city council of the
proposed correction by memorandum, including documentation which supports the
corrective action. If within thirty (30) days of the date of notice to the property owner, he or
she fails to submit a written protest to the correction, the director may correct the error and
shall publish a legal notice of the correction. However, if the owner does file a written
protest, a rezoning action shall be initiated. The rezoning action shall be subject to the
provisions of section 26-112 except that no fee shall be assessed.
e. Miscellaneous corrections. At any time minor corrections to the official zoning map which
do not affect the zoning of any parcel may be made with the approval of the community
development director and with a note added under the "revisions" box on said map,
indicating that an "administrative correction" has been made, a case file shall be created
with a case number assigned for each correction, with information contained in the file
which gives the location and nature of the correction.
(Ord. No. 1430, § 1, 2-23-09)
Editor's note— Ord. No. 1430, § 1, adopted February 23, 2009, amended section 26-119, in its
entirety to read as herein set out. Fonnerly, section 26-119 pertained to zoning and mapping
corrections, and derived from Ord. No. 2001-1215, § 1, adopted February 26, 2001 and Ord. No.
1288, §§ 1, 2, adopted May 12, 2003.
Page 4
It 41 submitted BV APPOINTMENT with a
]�qCity O{ planner. Incomplete applications ���II not
Wheat Midge be accepted—refer to submittal checklists
LAND USE CASE PROCESSING APPLICATION
Community Development Department
7500 West 29th Avenue • Wheat Ridge, CO 80033 • Phone (303) 235-2846
(Please print or type all information)
ApplicantC,/?s, OFi4IN6W 2taiC- Phone 3235-2149 Email �way.ACEQ-Gt•wKu+rrt,
Address, City, S ate, Zip '7500 (n%. 29,+�/� � aK
6✓r��►•r EZt ��c a` , C�
Owner SH4AOZ F4' &"(►y 1-aosT Phone Email
Address, City. State, Zip g5TN0 W. �/�l'n' f�F, !^►� 00 S2203 3
Contact Phone Email
Address, City, State, Zip
(The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary. post
public hearing signs. will receive a copy of the stafl•report prior to Public Hearing. and shall be responsible for forwarding all verbal and written
communication to applicant and owner.)
Location of request (address): 0)3'gO aJp-gp (,t/ G/yJf"4
Type of action requested (check one or more of the actions listed below which pertain to your request):
)?�hange of Zone or Zone Conditions O Special Use Permit O Subdivision — specify type:
O Planned Development (ODP. SDP) O Conditional Use Permit O Administrative (up to 3 lots)
O Planned Building Group O Site Plan O Minor (4 or 5 lots)
O Temporary Use, Building. Sign O Concept Plan O Major (6 or more lots)
O Variance/Waiver (from Section 26-) O Right of Way Vacation O Other:
�/ GOR21cn orj vF oprrkc.1 Ak_
V
Detailed description of request: 6Z r f i A 31,C E Q(2�eQ S O N -D -Z-0 N 1 mv, ,
n-1 M U tJ 1C t (aPl, Ccs ►7 E
I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in
filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent
the requested action cannot lau.,/ ly be accomplished. Applicants other than owners must submit power-qf attorney
from the owner which approved of this action on his behalf
Notarized Signature of Applicant
State of Colorado
} ss
County of
The foregoing instrument (Land Use Processing
Application) was acknowledged by me this
day of .20
by
My commission expires / /20
Notary Public
To be filled out by staff:
Date received 6_3044,
Fee S
Case No. U R - l to - 0&
Comp Plan Design.
Receipt No.
Quarter Section Map A) W Z2
Related Case No.
Pre -App Mtg. Date
Case Manager 0a,11 w e e
Assessor's Parcel No. Q 404
Current Zoning
Current Use
Size (acres or sgft)
Proposed 7_oningq� Q _ C t i Y6� • AIC+
Proposed Use
y -d, 50 F1